HomeMy WebLinkAbout09-07-10 Miqu es of the Town Council:Meeting held September 7, 2010 at 7:00 p.m.in the Council Chambers of the
..M0141pal.Building at 42 First Street, NW.
There were present: Mayor Jeffrey S.Worrell
Council: Morgan P. Welker, H.M. Kidd, David L. Clark, Joel B. Burchett, Jr., Robert A. Bopp,
Joseph K. Goodman
Staff: John J. Hawley,Town Manager
Patricia Cruise, Clerk of Council
R. D.Warburton,Town Attorney
David N.Quesenberry, Assistant to the Town Manager
Sherry Boyd, Finance Director
Gary Roche, Police Chief
Dave Hart, Parks and Facilities Director
John White, Economic Development Director
Bill Pedigo,Town Engineer
Debbie Bivens, Computer Tech
Others: Shawn Utt Jamie Radcliffe Douglas Wilson
Phillip Shrewsbury Shirley Shrewsbury John Ayers
Clark Payne Sandy Payne Betty Quesenberry
Amy Lewis Melinda Williams, Press Mike Williams, Press
Mayor Worrell called the meeting to order at 7:00 p.m.
Councilman Goodman led the Pledge of Allegiance and Councilman.Bopp gave the invocation:
Mayor Worrell welcomed the public to the meeting.
The first item on the agenda was Public Comment period.
Barbara Smith addressed Council regarding the cemeteries. She advised that her husband,a veteran,was
buried in Oakwood Cemetery. She places a United States flag in a vase on the grave. She noticed that her
flags were being removed from the flower vase. She asked that if it was necessary to remove the flags, could
Council direct staff to wait until after Labor Day beforeremoving her flags? Additionally, Ms.Smith asked
whether Council wouldconsider installing a flagin the cemeteries to honor the veterans? Lastly,shesuggestedthat Council consider eliminating the Town sticker charge to help the unemployed and elderly in our area.
Mayor Worrellresponded that one vase was allowed in the cemetery, and he did not think there was a limit on
what you put into the vase. He advised that there would be a meeting of the Cemetery Committee trustees in
the near future and suggested that Ms.Smith attend to address the request for a flagpole in the cemetery.
Next,James Radcliffe addressed Council regarding Comcast cable. He complained that Town citizens had no
one to speak to in Town when there was a problem with the cable. He stated that Comcast needed to keep a
presence in the Town as their contract stipulated and Council should insist on it.
Mayor Worrell responded that the Town does have a contract with Comcast. They were currently in violation of
that agreement and a legal remedy was being pursued.
Phillip Shrewsbury of 3900 Valley Road complained of low water pressure on Valley Road. Hesaidhe had been
dealing with low water pressure for three months. He felt it was a health hazard. He felt the Town was not
helping him. He asked for Council's help.
Mayor Worrell advised that the Town was aware of the problem and he thought that staff would be checking
the pressure that week.
September 7,-2010/Page 1 of 5
Douglas Wilson.of 977 Valley Road voiced the same water pressure problem and asKea for LouncnFs neip in
resolving it. 45
Mayor Worrell moved on to the Consent Agenda consisting of the Council minutes of August 3, 2010I .
Councilman Goodman advised of an error on page 2,in the 10th paragraph, that there was no last name for
the motion to adopt the Consent Agenda.
The Clerk advised that she would research the information and amend the minutes for adoption at the next
meeting.
Mayor Worrell moved on to Project Update. The first item was Dora Highway CDBG..
Mr. Hawley advised that LMW, Inc., a second rehab specialist, had been brought in to assist with the Dora
Highway project. They had begun the process of completing the bid package for two housing rehabs and two
substantial rehabs for the project. He added that the first two housing rehab projects had been completed.
The next item on the agenda was boundary adjustment.
Mr. Hawley advised of the receipt ofthree emails and an anonymous letter expressing opposition to the
change. One of these was not included in the potential boundary adjustment area. He advised that a draft
questionnaire for the public had been included in the packet for Council's review. Additionally, he advised
that the 1987 Settlement Agreement included providing a sanitary sewer pump station and collection system
for the East Main Street area including Block Plant Road. Because there had been little growth in the area,nor
any request for sewer to the two houses,it had not been installed. It had been determined that the two
residences on Block Plant Road can be served by gravity with the interceptor attached to the East Main Street
bridge. He advised that Engineering would provide the cost estimate to complete. This would have to be
budgeted and scheduled toshowcompliance.
Mr. Hawley advised of a report that had been placed at Council's desk detailing the higher level of service
that would be available in any area served by the Town.
Mayor Worrell suggested that the boundary adjustment survey be made available for existing Town citizens and
also to County citizens that would not be in the proposed boundary adjustment zone.
Councilman Welker suggested that information regarding higher level of service be included with the survey
and an explanation of the advantages and disadvantages of being a Town resident.
Mayor Worrell advised that he would like Chris Cullinan of Tischler Bise to produce a scenario without the cost of
the new fire house in it as well as one showing more growth on Route 99.
Mayor Worrell added that he traveled up and down the interstate quite a bit. Wythe and Carroll counties have
installed or are in the process of installing water and sewer at the interstate exits and developers are coming to
their counties. The Town would only have approximately a mile to install.
The next item on the agenda was Government Outreach Program update.
Mr. Hawley advised that staff had been compiling information for the citizens of Pulaski as well as newcomers to
our area tobeincluded on the "Ask Pulaskitown" web site. He added that staff training was scheduled for the
following day. Once the training was complete andsomefine tuning on the web site completed, "Ask
Pulaskitown"would-be opened to the public.
Councilman Goodman asked thatlanguage be added stating that complaints would remain confidential
through.the Freedom of Information Act so that citizens would feel comfortable making complaints.
Discussion ensued regarding how this would work with the system with Manager advising that he would speak
with the vendor.
September 7,2010/Page 2 of 5
Councilman Clark stated that there had been some discussion that people won't make complaints if they think
th4i&ormation will be given out.
Councilman Goodman emphasized that his intent was that any time a complaint is made in any form to the
Town, that it is held in confidence.
Councilman Goodman suggested a few other changes to the site,with the Manager advising that he would
speak with the vendor.
The next item-on the agenda was Old Business.
The first itemwascomputer lease.
Mayor Worrell advisedthat this topic hadcomeup during budget discussions,with Council agreeing to review
it closer to the end of the lease.
Mr. Hawley advised that the current computer lease expired in January,and the company had to be notified
by September 30,2010 if it would not be continued. Staff had included information in the packet for review.
Option 2 of the packet info had been funded for the 2010/11 fiscal year. He added that Councilman
Goodman had submitted some questions regarding the information in the packet and staff had attempted to
respond. This information had been placed at Council's desk for review. He suggested that if the questions
were not answered clearly,that another email be sent to staff to respond. He noted that a decision was not
expected at this meeting, but would be discussed at the next Council Work Session.
Councilman Welker requested that the figures be spread out over the duration of the lease for review.
Mr. Goodman suggested that the Town use-a-life cycle management policy,where the newly purchased
machines go to those.who need the most updated programs and the other machines are passed down
according to need. He advised that at his job, this was found to be the most fiscally responsible.
Mrs. Bivens responded that the Town already used a life cycle management policy.
Extensive discussion ensued regarding the lease options.
Mayor Worrell advised that this topic would be discussed at the next Council Work Session.
The next item on the agenda was Harrison sewer update.
Mr. Hawley advised that the neighbor to the east of the Harrison property showed no interest in granting a
sewer easement. He had been in contact with Mr.Wright,who owns the property between Mr. Harrison and
the sanitary sewer line. Mr. Wright indicated that he did-not need additional connection fee waivers,which the
Townusuallyoffered for easements. He did not rule out the possibility that he would sell the Town an easement,
if the Town chose to do so. Public Works had prepared a cost estimate of approximately$40,000 to extendthe
line,which did not allow for any blasting should rock be encountered. This would require Mr. Harrison to install a
pumping system to use this line.
Mayor Worrell commented that the Town does not have the funds to do thiseasement request. He opined that
negotiations with the neighbor was not at a dead end. He felt that staff should try to negotiate a price with the
neighbor.
Following extensive discussion, the consensus of Council was for staff to try to negotiate with Mr. Wright. If the
cost was-low,Council could consider paying it, otherwise,the information would be passed on to Mr. Harrison
for action.
Mayor Worrellmovedon to Boysaw/Allen building update. He advised that the Town Manager had consulted
with the Town Attorney and developed a plan. If Council desired, the Town crew would begin demolition of
the Boysaw building within the-next two weeks. The Allen building demolition would be contracted out.
September 7,2010/Page 3 of 5 -
Mr. Hawley added that the next step was to get court orders for both structures and advertise the demolition of
the property y at 55 West Main (the Allen building). 47
Councilman Goodman advised that before he could vote on a motion to proceed with the Allen building, he
wanted to see a clear plan and schedule from the Town Manager with dates and milestones of how the Town
would use the lien and taxation laws and fully use the resources of Mr..Warburton to ensure that the Town was
paid back. He advised that he could not spend almost$32,000 in tax payer money without having a plan to
get the money back. He felt it "would send a clear message to anyone else in the Town,shouldtheylet this
happen,that they're going to pay the bill, not us".
Mr.Warburton commented thathe could do his part in less than 48 hours and if he had known about it last
Friday, he would have had the information for Council today. He added that "if Mr. Goodman and the rest of
Council are looking for guarantees that we'll get our money back, I will be unable to produce those". He
would do everything in his power to see that the Town's interests were protected, but he could "not guarantee
that you'll ever get a penny of it back". He pointed out that the recovery is limited by the value of the vacant
land once the lien is established. He added he would do everything in his power to pursue the costs, however,
that it was not realistic to expect to receive anything greater than the value of the land.
Extensive discussion ensued regarding other possible options that might be available to the Town.
Councilman Welker moved to authorize staff and Town.Attorney to obtain a court order for the demolition of
and solicit bids for demolition of the 2 properties, one on Main Street owned by Mr.Allen and one on Randolph
Avenue, owned by Mr. Boysaw.. Further to direct Town staff to prepare a plan and schedule to address
collection of all or part of the costs associated with the demolition of these properties by the next Work Session.
Councilman Clark seconded the motion.
Councilman Goodman made a friendly amendment to use the word schedule rather than plan in the second
line of the motion.
Councilman Welker moved to amend his motion to direct staff to obtain a court order for thedemolition of and
Isolicit bids for the demolition of these 2 properties,one on Main Street owned by Mr. Allen and one on
Randolph Avenue owned by Mr. Boysaw. Further,direct the Town staff to prepare a plan and schedule to
address collection of all or part of the costs associated with the demolition of these properties before the next
Work Session and further_to prepare a plan for collection of demolition liens on all other properties in the Town
within two months. Councilman Clark seconded the motion and itcarried on the following recorded vote:
Morgan P. Welker -Aye Joel B. Burchett, Jr. -Aye
H. M. Kidd -Aye Robert A. Bopp -Aye
David L. Clark -Aye Joseph K. Goodman -Aye
The next item on the agenda was Valley Road water pressure.
Mr. Hawley advised that staff was scheduled to conduct some systematic week long testing in the area. The
data willthenbe evaluated to determine what action may be required.
Mayor Worrell moved on to New Business.
The first item was Auxiliary Police Force Program.
Mr. Hawley advised that the Police Chief recommended that an Ordinance be drafted instituting an auxiliary
police force program. A sample Ordinance had been included in the packet for review.
Following discussion, Councilman Clark moved to direct staff to prepare an Ordinance instituting an auxiliary
police force program for Council review and include language as directed by the Town Attorney. Councilman
Kidd seconded the motion and so carried on the following recorded vote:
September 7, 2010/Page 4 of 5
Morgan P. Welker -Aye Joel B. Burchett, Jr. -Aye
48 H. M. Kidd -Aye Robert A. Bopp -Aye
David L. Clark -Aye Joseph K. Goodman -Aye
The next item on the agenda was Resolution 2010-23,Supporting Lewis Gale Medical Center's Application To
Establish A Neonatal Special.Care Unit.
Mr. Hawley advised that the Pulaski Hospital Administrator contacted him asking for the Town's support of Lewis
Gale Medical Center's application to establish a neonatal special care unit.
Councilman Welker moved to adopt Resolution 2010-23,Supporting Lewis Gale Medical Center's Application
To Establish A Neonatal Special Care Unit. The motion was seconded by Councilman Kidd and carried on the
following recorded voter
Morgan P.Welker -Aye Joel B. Burchett, Jr. -Aye
H. M. Kidd -Aye Robert A. Bopp -Aye
David L. Clark -Aye Joseph K. Goodman -Aye
At 8:40 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7)
Consultation with legal counsel and briefingsby staff members pertaining to probable litigationand
consultation with legal counsel employed by the Town regarding specific legal matter requiring the-provision of
legal advice by such counsel. Councilman Welker seconded the motion and it carried on the following
recorded vote:
Morgan P.Welker -Aye Joel B. Burchett, Jr. -Aye
H. M. Kidd -Aye Robert A. Bopp -Aye
David L. Clark -Aye Joseph K. Goodman -Aye
At 9:18 p.m., Council returned from Closed Session and adopted the Certification Resolution onmotion by
Councilman Clark,seconded by Councilman Goodman and carried on the following recorded vote:
Morgan P. Welker -Aye Joel B. Burchett,Jr. -Aye
H. M. Kidd -Aye Robert A. Bopp -Aye
David L. Clark -Aye Joseph K. Goodman -Aye
Therebeing no further business, the meeting adjourned on motion by Councilman Clark,seconded by
Councilman Kidd and so carried.
Approved: t.z ./
-..• ey S.Worrell, Mayor
September 7,2010/Page 5 of 5